SMF - Just Installed!

Gas Leak - where do I stand legally?

Started by KarenN185, December 09, 2014, 06:33:28 PM

Previous topic - Next topic

KarenN185

Hello all.

I moved into my housing association flat on Friday 5th December.  The gas meter was capped. 

I have had no heating since Friday, the hot water is from a water heater which I was shown how to use today. 

On Saturday 6th an OOH Gas engineer came to uncap the gas meter.  Upon doing so, I could hear a constant and erratic beeping.  When I asked the engineer what was causing it, he said I had a huge leak (sic) He was very unhappy and said that  I should never have moved in with such a leak.  He said if he connected the boiler, within three to five hours there would be an explosion.  I showed him the gas safety cert which the engineer who came on 4th December produced and he said it was worthless.  He said the engineer had put our lives at risk and that he should be reported as if he had actually done the check he would have discovered the leak and we would have been told not to move in.  As a result we are without heating (the HA have given us those electricity guzzling fan heaters) that is sustainable.  I cannot afford to feed the meter as I have just started a new job after almost seven months of unemployment.

The gas engineer recapped the meter, put on an "unsafe" label onit and also condemned the boiler with the same orange sticker and  a paper saying the boiler is disconnected as there is immediate danger, so no heating.  The boiler is a system boiler and is the main source of heat.
What I want to know is this:  Should the landlord have let this property out with a leak as big as this?  Against whom should I take action?  The heating company or my HA or can I take action against both? 

Can anyone please advise me?

Many thanks

Karen

boboff

The HA is responsible.

They may have a counter action valid against the person who did the certificate.

Go to the CAB who will advise you the correct way of getting it sorted, at the HA expense.

It takes times, and patience, unfortunately.


Bob Tenant

Quite the unfortunate beginning to 2015th..


As for your legal stance, the landlord of a property (be it private, HA or any other party) is legally responsible for the gas appliances in the property, as well as the gas systems and safety of the house on those and other regards.


This means they are entitle to compensate you for your troubles and provide you with proper accommodation until the problems are resolved. As boboff advised, turn to your Citizen Advice Bureau and they will help you set the documentation in motion, as well as get you out of the hazardous property ASAP. If you feel like you can't stay there any more you can also go and seek assistance from Shelter. They deal amazingly well with such emergencies.


I would advise you to keep your temper (should there be a need) when dealing with the HA. While they have the ultimate responsibility, they can't know which service they pay for is actually carried out until you submit your request. That said, dealing with them in the kindest possible manner can only help you and speed up the process.


If you need to, you might want to vacate the property temporarily and them request the extra expenses to be repaid to you.


I'm not entirely sure, but if you feel so, I think you can go after the engineer that messed up the job and pursue him with claims of health endangerment due ignorance or negligence to uphold his professional responsibilities. I don't know where that will take you, and honestly I wouldn't bother as he's sure to get what he deserves from the HA...


Hope you have it handled already. Best of luck in the new year and don't let it's start discourage you.
Regards,
Bob Tenant @ Bob's Tenancy Cleaning London